ECS
From the ECS State Policy Database
2004 State Policies / Activities

Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

The following summary includes policies enacted in 2004. This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. To view the documents, click on the blue triangle next to the topic of interest. To view all, press the button located at the top labeled "Expand All."

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

State Status/Date Level Summary
+ Accountability
+ Accountability--Accreditation
+ Accountability--Measures/Indicators
+ Accountability--Reporting Results
+ Accountability--Rewards
+ Accountability--Sanctions/Interventions
+ Accountability--Sanctions/Interventions--No Pass No Drive
+ Accountability--School Improvement
+ Adult Basic Education
+ Assessment
+ Assessment--Accommodations
+ Assessment--Computer Based
+ Assessment--End-of-Course
+ Assessment--Formative/Interim
+ Assessment--High Stakes/Competency
+ Assessment--NAEP (NAEP Results and NAEP Organization)
+ Assessment--Performance Based/Portfolio
+ Assessment--Value Added
+ At-Risk (incl. Dropout Prevention)
+ At-Risk (incl. Dropout Prevention)--Alternative Education
+ At-Risk (incl. Dropout Prevention)--Drugs/Alcohol
+ Attendance
+ Attendance--Compulsory
+ Attendance--Statutory Ages (Upper and Lower)
+ Attendance--Truancy
+ Background Checks
- Bilingual/ESL
CAVetoed 09/2004P-12
Postsec.
Community College
Places a prohibition from carrying on a program of specific preparation of the pupils for the statewide pupil assessment program or a particular test used in the statewide pupil assessment program on a charter school. Authorizes the use of instructional materials provided by the state department of education in the academic preparation of pupils for the statewide pupil assessment if those instructional materials are embedded in an instructional program that is intended to improve pupil learning. Requires the standard-based achievement test to be administered to pupils in grades 3 and 7. Requires the state department of education to use specified federal funds to develop or adopt primary language assessments that are aligned to the state academic content standards and would require those assessments to be administered in place of the optional second achievement test a pupil with limited English proficiency may take. Requires the department on or before January 1, 2006, to submit to the legislature a report on the development and implementation of the initial primary language assessments and recommendations on the
development and implementation of future assessments and funding requirements. Authorizes and encourages the state superintendent and state board to assist postsecondary educational institutions to use the assessment results of the California Standards Tests for credit or placement and admissions processes, or both. http://www.leginfo.ca.gov/pub/bill/asm/ab_2401-2450/ab_2413_bill_20040826_enrolled.html
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2413_veto.pdf
Title: A.B. 2413
Source: California Legislative Web site

CAVetoed 09/2004P-12Deletes the requirement, under the Classroom Instructional Improvement and Accountability Act, that the School Accountability Report Card include information on the degree to which pupils are prepared to enter the workforce and whether the school qualifies for the Governor's Performance Award Program. Requires each school district to include within the report card information regarding career technical education, the availability of sufficient textbooks and materials, any needed maintenance of school facilities to ensure good repair, the misassignments of teachers, including misassignments of English learner teachers, and the number of vacant teacher positions for the most recent 3-year period. http://www.leginfo.ca.gov/pub/bill/asm/ab_2551-2600/ab_2596_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2596_veto.pdf
Title: A.B. 2596
Source: StateNet

CAVetoed 09/2004P-12Establishes the Pupil Achievement Grant Program to consolidate funding and provide flexibility at the schoolsite in the use of funds from specified categorical education programs in schools identified as underperforming in at least one of the three preceding fiscal years. Requires a school district to ensure that it expends an amount for direct services to pupils in eligible schools in accordance with specified minimum percentages for any purpose authorized by special categorical education programs. Requires a school district receiving program funds to ensure that the school district and each school has or continues to maintain advisory committees and schoolsite councils. Requires a district to have a single school plan that incorporates specified requirements and to use funds allocated to serve and assist pupils eligible for free or reduced price meals and pupils identified as limited English proficient. http://www.leginfo.ca.gov/pub/bill/asm/ab_2151-2200/ab_2152_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2152_veto.pdf
Title: A.B. 2152
Source: www.leginfo.ca.gov

CAVetoed 09/2004P-12
Postsec.
Requires the Commission on Teacher Credentialing and, where appropriate, the State Department of Education, to incorporate into licensure requirements for teacher candidates, professional development requirements for renewal of licenses, and accreditation requirements for preparation programs components to ensure that teachers are capable of teaching children with diverse needs, ethnicities, nationalities, and
languages, of teaching children who bring particular challenges to the learning process, and of teaching in urban and rural settings.

Repeals provisions authorizing the Commission on Teacher Credentialing to issue or renew emergency teaching or specialist permits in accordance with regulations adopted by the commission and provided that certain conditions are met.

Authorizes the commission to issue or renew acute and anticipated emergency credentials, as defined. Requires an applicant seeking an emergency permit to meet specified criteria, including possession of a baccalaureate degree and passage of the state basic skills proficiency test. Provides that both types of permits shall be valid for only one year, except that the anticipated emergency permit may be renewed for
an additional year if the permitholder meets specified requirements.

Existing law requires that a person employed in a position requiring certification qualifications be classified on a salary schedule on the basis or uniform allowance for years of training and years of experience, as specified. This bill imposes a state-mandated local program by requiring the governing board of a school district to review its compensation policies and revise them as needed to ensure that the continuing professional education for which it grants salary credit is targeted to courses likely to yield clear benefit in terms of the pedagogical instructional leadership, management skills, or academic subject matter knowledge of its employees.]

This bill would express the intent of the Legislature to eliminate waivers authorizing the assignment of a credentialholder to a position not authorized by the credential of the holder and that they be authorized only in cases where there is no other alternative but to fill the position with a 30-day substitute teacher. The bill would further express the intent of the Legislature that each teacher serving in a school ranked in the bottom 3 deciles of the Academic Performance Index possess a valid teaching credential authorizing the holder to provide the service to which the holder is assigned.

This bill would also express the intent of the Legislature that this act accomplish specified objectives, including, but not limited to, establishing professional development activities that reward exceptional teachers for continuing to render services in a classroom, collaborations among school districts, professional associations, and postsecondary educational institutions to develop and offer preparation and degree or credential programs that will prepare educational leaders, and that the California State University and the University of California develop technologically delivered professional development and coursework for teachers in geographically isolated areas.
http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_242_bill_20040827_enrolled.pdf
Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_242_veto.pdf
Title: A.B. 242
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Existing law requires the county superintendent of schools to annually monitor and review school district certificated employee assignment practices according to certain priorities with first priority going to schools and school districts that are likely to have problems with teacher misassignment and teacher vacancies based on past experience or other available information. Existing law requires a county superintendent of schools to submit an annual report to the Commission on Teacher Credentialing summarizing the results of all assignment monitoring and reviews.

This bill requires the county superintendent of schools to give priority to schools ranked in deciles 1 to 3, inclusive, of the Academic Performance Index, as defined, if those schools are not currently under review through a state or federal intervention program. The bill requires a county superintendent of schools to investigate school and district efforts to ensure that any credentialed teacher in an assignment requiring a certificate authorizing the holder to teach English language development to English learners or training that authorizes the holder to teach English language development to English learners completes the necessary requirements for one of those certificates or completes the required training.

This bill requires a county superintendent of schools to submit the annual report summarizing the results of assignment monitoring and reviews to the department. The bill requires that report to include information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the Academic Performance Index, as defined, to ensure that in any classes in these schools in which 20% or more pupils are English learners, the assigned teachers possess a certificate authorizing the holder to teach English language development to English learners or have completed training that would authorize them to teach English language development to English learners or are to the duties of county superintendents of schools, the bill imposes a state-mandated local program.

The bill requires the Superintendent of Public Instruction to submit a summary of the reports submitted by county superintendents of schools to the Legislature and requires the Legislature to hold public hearings on pupil access to teachers and to related statutory provisions. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf
Title: A.B. 3001 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Requires that, commencing with the 2004–05 fiscal year, for a district with a school initially applying to participate in the High Priority Schools Grant Program on or after July 2004, the report include whether at least 80% of the teachers assigned to the school are credentialed and the number of classes in which 20% or more pupils are English learners and assigned to teachers who do not possess a certificate authorizing the holder to teach English language development to English learners or have completed training that would authorize them to teach English language development to English learners or are otherwise authorized by law to do so. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf
Title: A.B. 3001 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12Requires schools initially applying to participate in the High Priority Schools Grant Program on or after the 2004–05 fiscal year to include highly qualified teachers and appropriately credentialed teachers for English learners in the component on quality of staff in
the school action plan. Specifies that the mandatory school action plan components on facilities, curriculum, instructional materials, and support services for those schools be on facilities in good repair, curriculum, sufficient instructional materials, and support services. Requires schools initially applying to participate in the High Priority Schools Grant Program on or after the 2004–05 fiscal year to measure the availability of instructional materials against a specified definition of ''sufficient instructional materials.'' http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf
Title: S.B. 550 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12SEC. 18: Requires the governing board of every district to hold a public hearing and make a determination as to whether each pupil in each school in the district has sufficient textbooks or instructional materials in each subject that are consistent with the content and cycles of the curriculum frameworks. Requires the hearing to be held at a time that will encourage the attendance of teachers and parents and guardians of pupils who attend the schools in the district and prohibits the hearing from taking place during or immediately following school hours. Defines ''sufficient textbooks or instructional materials'' to mean that each pupil, including English learners, has a textbook or instructional materials, or both, to use in class and to take home to complete required homework assignments but specifies that 2 sets of textbooks or instructional materials for each pupil are not required. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf
Title: S.B. 550 (multiple provisions)
Source: www.leginfo.ca.gov

CASigned into law 09/2004P-12SEC. 10: Requires the school accountability report card to include information regarding the availability of sufficient textbooks and other instructional materials for each pupil, any needed maintenance of school facilities to ensure good repair, the misassignments of teachers, including misassignments of English learner teachers, and the number of vacant teacher positions for the most recent 3-year period. Defines ''misassignment'' and ''vacant position'' for this purpose.

Requires the template for the school accountability report card to include a field to report the determination of the sufficiency of textbooks and instructional materials and a summary statement of the condition of school facilities. Requires the department to provide examples of summary statements of the condition of school facilities that are acceptable and those that are unacceptable. Declares that these provisions further the purposes of the Classroom Instructional Improvement and Accountability Act. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf
Title: S.B. 550 (multiple provisions)
Source: www.leginfo.ca.gov

MISigned into law 09/2004Community College
Postsec.
Provides community and junior colleges appropriations for fiscal year 2005; provides for community college-level learning disabled students and students who require English as a second language assistance (at-risk students). Requires grant funding to be used to address the special needs of at-risk students or for equipment or upgrade of information technology hardware or software. Activities related to services provided to at-risk students include, but are not limited to, pretesting for academic ability, counseling contacts, and special programs. Equipment or information technology hardware or software purchased under this section need not be associated with the operation of
a program designed to address the needs of at-risk students.
Title: S.B. 1062
Source: StateNet

CASigned into law 08/2004P-12Extends the repeal date of the Leroy Greene California Assessment of Academic Achievement Act to January 1, 2011. Excludes testing students in grade 2 effective July 1, 2007. Permits the release of a pupils record of accomplishment and the results of achievement tests to postsecondary education institutions, upon the request of a pupil or his or her parent or guardian. Expands the law that prohibits any program for of specific preparation of pupils for that statewide assessment program or a particular test to include charter schools; exempts instructional materials provided by the state department of education if the materials are embedded in an instructional program to improve student learning. Requires the department of education to develop and implement primary language assessments aligned with state academic content standards. Provides that the achievement test to be administered to pupils in grades 3 and 8, instead, be administered in grades 3 and 7. Provides that if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement of the costs should be made as provided by statute. http://www.leginfo.ca.gov/pub/bill/sen/sb_1401-1450/sb_1448_bill_20040816_chaptered.html
Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/SB_1448.pdf
Title: S.B. 1448
Source: California Legislative Web site

CASigned into law 07/2004P-12Relates to existing law which requires teachers instructing limited-English-proficient pupils to complete 45 hours of staff development in methods of specially designed content instruction delivered in English. Extends the January 1, 2005, deadline for the completion of the required staff development to January 1, 2008. http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2913_bill_20040716_chaptered.html
Title: A.B. 2913
Source: California Legislative Web site

HIBecame law without GOVERNOR'S signature. 07/2004P-12
Community College
Authorizes Leeward Community College to develop a program to provide services for Freely Associated States students as well as the Microesian, Marshallese and Palauan community at large, to ensure their success in school through cultural education and integration, language, employment, training and legal services, that may include by not limited to skill for success in school, development of a multidisciplinary community-based family support system. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb214_cd1_.htm
Title: S.B. 214
Source: Hawaii Legislative Web site

CTSigned into law 06/2004P-12Concerning English as a second language instruction and in-service training for teachers and teacher preparation courses; requires persons seeking professional educator certification to complete coursework in English as a second language instruction. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00227-R00HB-05438-PA.htm
Title: H.B. 5438
Source: Connecticut Legislative Web site

FLSigned into law 06/2004P-12Relates to education personnel; provides for expunging of criminal history records of applicants for employment at certain education related offices; requires background screening for charter school employees and board members; amends requirements for admission to teacher preparation programs; authorizes programs providing experiences as teacher assistants prior to entering teacher preparation programs for individuals meeting specified criteria; creates teacher preparation institutes that provide professional development, instruction for substitute teachers, alternative certificate programs and establishes criteria for applicants; provides for the creation of guidelines for mentoring of first-time teachers and other programs geared toward the recruitment and retention of quality teachers; requires background screenings and fingerprinting of instructional and noninstructional hires or contractual employees who come in contact with students; specifies a school district's performance assessment may include criteria for assessment of instructional and administrative personnel and student performance; requires training in teaching of reading for certified personnel who teach students who have limited English proficiency; establishes qualifications, requirements and evaluation of substitute teachers; provides for educator discipline by the Education Practices Commission and the Department of Education; amends the Recovery Network Program that assists educators impaired as the result of alcohol abuse, drug abuse or a mental condition. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb2986er.html&Directory=session/2004/Senate/bills/billtext/html/
Title: S.B. 2986
Source: Florida Legislative Web site

IDTemporary Rule Adoption - Concurrently Proposed 06/2004P-12Proposes rules regarding the implementation of English Language Proficiency (ELP) Standards and Language Instruction for Limited English Proficient and Immigrant Students. http://www2.state.id.us/adm/adminrules/rules/idapa08/0203.pdf
Title: IDAPA 08.02.03 (§§ 670-755 [not inclusive])
Source: Idaho State Web site

IDTemporary Rule Adoption 05/2004P-12Amends rules to allow new Limited English Proficient (LEP) students to take a language proficiency test in lieu of the state reading test.
http://www2.state.id.us/adm/adminrules/bulletin/04jun.pdf (page 30)
Title: IDAPA 08.02.03 §§ 111-112
Source: Idaho State Web site

LAAdopted 04/2004P-12Adopts rules relating to the implementation of fundamental changes in the classroom by helping schools and communities focus on student achievement. Clarifies method for calculating a School Performance Score for elementary, middle and high schools. Establishes timelines for schools in School Improvement to submit improvement plans, expands the details of the Supplemental Educational Services process, specifies how LEAP Alternative Assessment students are included in NRT calculations, and creates required definitions for English language proficiency. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pages 22-27 of 71)
Title: LAC 28:LXXXIII.303, 311, 1701, 2701, 2702, 2703, 2713, 2715, 2717, 2719, 2721, 3905, 4001, 4003, 4005
Source: http://www.doa.state.la.us/osr

LAAdopted 04/2004P-12Adopts rules that contain English language development standards for limited English proficient students in each of the four domains of language, listening, speaking, reading and writing. Establishes five levels of proficiency within each domain. Guides curriculum development for limited English proficient students. http://www.doa.state.la.us/osr/reg/0404/0404RUL.pdf (see pages 27 through 31 of 71)
Title: LAC 28:Part LXXXV.Chapters 1-7
Source: www.doa.state.la.us/osr/reg

IDSigned into law 03/2004P-12Requires the development of goals for English language learners, formulation of district plans, reports to the State Board of Education and recommendations to the Legislature. http://www3.state.id.us/oasis/H0787.html#billtext
Title: H.B. 787
Source: Idaho Legislative Web site

NMSigned into law 03/2004P-12Provides for accountability in bilingual multicultural education programs; specifies the permissible uses of bilingual multicultural education program funds; amends, repeals and enacts sections of the NMSA 1978; provides for a district's professional development plan. http://legis.state.nm.us/Sessions/04%20Regular/final/SB0471.pdf
Title: S.B. 471
Source: http://legis.state.nm.us

NMSigned into law 03/2004P-12Relates to public schools; changes the writing test for certain grades; amends provisions regarding the English Language Reading Test; makes provisions for students determined to be limited English proficient. http://legis.state.nm.us/Sessions/04%20Regular/final/SB0138.pdf
Title: S.B. 138
Source: http://legis.state.nm.us

WVRule Adoption 03/2004P-12Amends rules concerning programs for limited English proficient students. WEST VIRGINIA REG 4387 (SN)
Title: Title 126, Series 15
Source: StateNet

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